---
kind: "section"
citation: "29 C.F.R. § 4022.6"
title: "29"
number: "4022.6"
heading: "Annuity payable for total disability."
url: "https://uscodex.org/cfr/29/4022.6"
---

# §4022.6. Annuity payable for total disability.

- (a) Except as otherwise provided in this section, an annuity which is payable (or would be payable after a waiting period described in the plan, whether or not the participant is in receipt of other benefits during such waiting period), under the terms of a plan on account of the total and permanent disability of a participant which is expected to last for the life of the participant and which began on or before the termination date is considered to be a pension benefit.
- (b) In any case in which the PBGC determines that the standards for determining such total and permanent disability under a plan were unreasonable, or were modified in anticipation of termination of the plan, the disability benefits payable to a participant under such standard shall not be guaranteed unless the participant meets the standards of the Social Security Act and the regulations promulgated thereunder for determining total disability.
- (c) For the purpose of this section, a participant may be required, upon the request of the PBGC, to submit to an examination or to submit proof of continued total and permanent disability. If the PBGC finds that a participant is no longer so disabled, it may suspend, modify, or discontinue the payment of the disability benefit.
- (d) **PPA 2006 bankruptcy termination.** In a PPA 2006 bankruptcy termination, “bankruptcy filing date” is substituted for “termination date” in [paragraph (a)](#a) of this section.

## Notes

### Amendments

[61 FR 34028, July 1, 1996, as amended at 67 FR 16954, Apr. 8, 2002; 76 FR 34602, June 14, 2011]

### Authority

Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

### Source

Source: 61 FR 34028, July 1, 1996, unless otherwise noted.

### Amendments

[61 FR 34028, July 1, 1996, as amended at 67 FR 16954, Apr. 8, 2002; 76 FR 34602, June 14, 2011]